JUDGMENT :

Amit Bansal, J.

I.A.5297/2023 (O-XIII A R-3 & 6(1)(a) of CPC for Summary Judgment) & CS(COMM) 992/2018

1. The present suit has been filed seeking relief of permanent injunction restraining the defendant from infringing the trademark and copyright of the plaintiffs, passing off and other ancillary reliefs

PLEADINGS IN THE PLAINT

2. The case set up by the plaintiffs in the plaint is as follows:

2.1. Plaintiff no.1, SanDisk LLC is an entity existing under the laws of the state of Delaware, USA. The plaintif no.1 is the registered proprietor of the trademarks SanDisk, (logo), the red frame logo, SanDisk Ultra and Cruzer Blade (hereinafter ‘SanDisk trademarks’ ). Plaintiff no.2, SanDisk India Device Design is a sister concern of the plaintiff no.1 and is the registered user of the SanDisk trademarks. The plaintiffs design, develop and manufacture data storage solutions in a range of form factors using flash memory, controller and firmware technologies.

2.2. The plaintiffs are the registered proprietor of the trademark SanDisk and SanDisk formative marks in Class 9 of the Trade Marks Act, 1999. Details of the plaintiffs SanDisk trademarks registered in India have been tabulated in pa